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One Party

535.

In 45 days our legislature passed 535 bills a new record.

Of the bills passed Utah Data Points (utahdatapoints.com)
showed on average 93% of House members voted
together; while 97% of Senators voted together. This
demonstrates that the partisan divide between Republicans
and Democrats in the state is very narrow.

This year’s GrassRoots numbers demonstrate that the
House was more partisan than the Senate. Average
GrassRoots scores in the House were 40%; while in the
Senate they were 32%. Overall House scores increased
from 2016; while Senate scores fell dramatically.

One of the areas which demonstrated the shift towards
larger government is the number of tax and fee increases
which were introduced; several of which passed.
Legislators voted to raise the gas tax yet again (SB 276),
voted to raise the short-term lodging tax (SB 264) and
taxes on phone bills (SB 198). These bills combined will
raise taxes by over $36 million in 2019. Efforts to enforce
an internet sales tax (SB 83 and SB 110) failed because of
a House committee stopping the measure; but almost
passed unanimously in the Senate. The Senate even almost
voted to increase the cost of a marriage license!
(Fortunately it failed 14-14). A proposal to increase
various driver license application fees and background
check fees that are paid when purchasing a firearm (HB
388) passed the House but never came to a Senate floor
vote.

The House passed several good bills which didn’t even
receive a vote in the Senate. This included asset forfeiture
reform (HB 19) and a bill which allowed a person to
defend himself (HB 259). The Senate had several good
bills which were introduced but failed; this included an
effort to scale back compulsory education in the state.

While a great asset forfeiture bill did not get a Senate vote;
both houses did vote to allow individuals who are found
innocent of a crime to receive their property back (SB 87).
Another bill which allows individuals as young as 18 to
conceal carry was also passed (HB 198).

Roberts Tops House; Dayton Leads senate

House Summary: Marc Roberts (R-UT) received the top
score for the House in this year’s report. Rounding out the
top 10% were Brian Greene (R-UT), Ken Ivory (R-UT),
Dan McCay (R-SL), Kim Coleman (R-SL), John Knotwell
(R-UT) and Tim Quinn (R-Wasatch).

Senate Summary: Margaret Dayton (R-UT) received the
top score in the Senate. Also, finishing in the top 10%
were David Hinkins (R-Emery) and Lincoln Filmore (R-
SL)

Averages: The House received an average score of 44%
compared to members’ lifetime average of 46%. The
Senate averaged a 31% which is below the Senators
average of 48%.

Analysis of Bills for 2017

Bills are listed by number with house bills listed first. The
sponsor(s) of the bill is in parentheses with the primary
sponsor listed first. The tally on bills from each house is
listed by Yeas, Nays and those Absent or Not Voting. Text of
all bills can be found at http://le.utah.gov.

A) H.B. 19 (B. Greene, H. Stephenson) As frequently practiced
asset forfeiture deprives a person of his property without due
process. It is contrary to the traditional presumption of innocence
in our legal system. Asset forfeiture infringes the Fourth, Fifth,
Sixth and Eighth amendments. Bill seeks to protect these rights.
GrassRoots approves of a YES vote. Passed the House (58-10-
7) but did not come up for a vote in the Senate.

B) H.B. 36 (B. Edwards, T Weiler) Creates the Economic
Revitalization and Investment Fund and appropriates over $2
million for affordable housing. Presumes that a free market fails
to provide people of modest means with viable housing
alternatives. Favors central planning over the personal choices of
citizens. GrassRoots approves of a NO vote. Passed the House
(62-9-4), Senate (25-1-3) and was signed into law by the
Governor.

C) H.B. 99 (M. Noel, K. Van Tassell) Violates the principle of
equality under the law by effectively providing harsher penalties
for a variety of crimes if one has also been convicted of bigamy
Passed the House (48-25-2), Senate (15-14-0) and was signed
into law by the Governor.

D) H.B. 121 (S. Handy, G. Davis) Creates the Local Food
Advisory Council to promote locally owned farms, and make
recommendations to a Legislative Interim Committee. The
Council is a hodge-podge of appointees representing various
bureaucratic and private interests, and, as such, is yet another
potential breeding ground for crony capitalism. GrassRoots
approves of a NO vote. Passed the House (41-28-6), Senate
(23-1-5) and was signed into law by the Governor.

E) H.B. 159 (S. Handy, S Adams) Provides that an individual
applying for a driver license is automatically registered to vote,
unless he opts out. GrassRoots approves of a NO vote. Passed
the House (40-28-7) but did not come up for a vote in the
Senate.

F) H.B. 198 (K. Lisonbee, T. Weiler) Lowers the age at which a
person may obtain a concealed weapons permit from 21 to 18.
While GrassRoots would prefer that a permit not be required to
exercise a Constitutional right, this bill allows more individuals
greater freedom to exercise their rights of self-defense.
GrassRoots approves of a YES vote. Passed the House (63-
12-0), Senate (23-6-0) and was signed into law by the
Governor.

G) H.B. 235 (M. McKell, C Bramble) Authorizes the use of
automated traffic enforcement safety devices on school buses to
photograph possible traffic violations. GrassRoots is concerned
that these types of cameras often establish “guilt” of property.
Often the vehicle owner is presumed guilty even if they are not
driving the vehicle. Bill also provides that 20% of proceeds of
fines and forfeitures collected for said traffic violations shall be
directed to the school district or private school owning the school
bus and safety device. GrassRoots approves of a NO vote.
Passed the House (54-18-3), Senate (27-0-2) and was signed
into law by the Governor.

H) H.B. 259 (C Maloy, M Dayton) Protects an individual’s right
to self-defense by clarifying that an individual does not have an
obligation to retreat if they are threatened. GrassRoots approves
of a YES vote. Passed the House (53-15-7) but did not come
up for a vote in the Senate.

I) H.B. 265 (D. McCay, D Henderson) Repeals the requirement
that certain vehicles obtain a safety inspection certificate to be
registered to operate on a highway. GrassRoots approves of a
YES vote. Passed the House (54-17-4), Senate (19-6-4) and
was signed into law by the Governor.

J) H.B. 312 (M. Winder, H. Stephenson) Appropriates
$250,000 annually to a housing pilot program for low income
students. GrassRoots approves of a NO vote. Passed the
House (57-15-3) but did not come up for a vote in the Senate.
K) H.B. 332 (M. Roberts) Requires that a jury be informed of
the potential sentence for a guilty verdict. A good step in the
direction of respect for a jury’s original constitutional role in
preventing injustice. GrassRoots approves of a YES vote.
Failed in the House (29-45-1).

L) H.B. 388 (E. Hutchings, D. Thatcher) Increases various fees
including various driver license application fees and the
background check fee that is paid when purchasing a firearm.
GrassRoots approves of NO vote. Passed the House (44-30-1)
but did not come up for a vote in the Senate.

M) H.B. 392 (T. Hawkes, T. Weiler) Creates the Air Quality
Policy Advisory Board to make recommendations to the
Legislature on how to improve air quality in the state. The Board
is a hodge-podge of appointees representing various bureaucratic
and private interests, and, as such, is yet another potential
breeding ground for crony capitalism. The functions of this
Board would be more appropriately performed by a purely
Legislative Committee composed of elected representatives of the
people. Passed the House (72-0-3), Senate (21-5-3) and was
signed into law by the Governor.

N) H.B. 441 (F. Gibson, A. Millner) Appropriates $9.8 million
for homeless shelters in Salt Lake County. GrassRoots approves
of a NO vote. Passed the House (70-1-4) the Senate (26-3-0)
and was signed into law by the Governor.

O) H.C.R. 11 (G. Hughes, W. Niederhauser) Resolution calling
upon the president to rescind the Bears Ears National Monument
Designation and associated federal encroachment on local self-
government. GrassRoots approves of a YES vote. Passed the
House (60-14-1) and Senate (22-6-1) and was signed by the
Governor.

P) S.B. 29 (A. Christensen, B. Edwards) Increases the marriage
license fee by $20. Bill raises first amendment questions by
allowing the $20 to be refunded if a couple goes through pre-
marriage counseling including counseling from ecclesiastical
authorities. Could the state establish a license as to who could
provide this counseling and what constitutes an ecclesiastical
authority? GrassRoots approves of a NO vote. Failed in the
Senate (14-14-1).

Q) S.B. 60 ( G. Davis, E. Hutchings) Raises privacy concerns as
bill mandates specific communication between private schools
and local education agencies regarding students with disabilities.
GrassRoots approves of a NO vote. Passed the Senate (23-5-
1) but did not come up for a vote in the House.

R) S.B. 83 (W. Harper, M. McKell) Deputizes out-of-state
businesses selling to Utah residents to help enforce Utah sales tax
laws. Bill imposes fines on sellers on out-of-state businesses if
they fail to provide prescribed information to the state of Utah.
GrassRoots approves of a NO vote. Passed the Senate (24-1-
4) but failed on a House Committee vote with Reps Greene,
Ivory, Lisonbee, J. Moss, Quinn, Sagers and Stanard voting
against.

S) S.B. 87 (D. Thatcher, B. Greene) Requires that seized or
forfeited property be returned to the owner when that individual
is acquitted of a crime. GrassRoots approves of a YES vote.
Passed the House (63-3-9), Senate (29-0-0) and was signed
into law by the Governor.

T) S.B. 100 (A. Millner, B. Edwards) Requires the Department
of Workforce Services and the Office of Child Care to conduct a
study concerning services and resources for children five years
and younger and their families. Government is not too small.
Commissioning more studies, by unelected bureaucrats, to tell us
we need bigger government, is not a good idea. GrassRoots
approves of a NO vote. Passed the House (45-25-5), Senate
26-2-1) and was signed into law by the Governor.

U) S.B. 110 (C. Bramble, M. Noel) Bill raises constitutional
questions as it requires out of state companies to collect Utah
sales tax on purchases by Utah citizens. Bill violates the
principle of no taxation without representation. GrassRoots
approves of a NO vote. Passed the Senate (25-1-3) but failed
on a House Committee vote with Reps Greene, Ivory,
Lisonbee, Moss and Quinn voting against.

V) S.B. 115 (J. Anderegg) Protects parental rights by eliminating
penalties for parents of truant school age children. GrassRoots
approves of a YES vote. Failed in the Senate (13-16-0).

W) S.B. 159 (B. Shiozawa, J. Dunnigan) Increases from 18 to
21 the age under which an individual must wear a helmet while
operating certain vehicles. A violation is an infraction punishable
by a fine. GrassRoots approves of a NO vote. Passed the
House (43-30-2), Senate (17-12-0) and was signed into law by
the Governor.

X) S. B. 198 (W. Harper, S. Handy) Raises fees on phone lines
(both wireline and wireless) in the state by a total of $16.7
million per year. GrassRoots approves of a NO vote. Passed
the House (55-17-3), Senate (27-2-0) and was signed into law
by the Governor.

Y) S.B. 221 (L. Escamilla, B. Edwards) Requires executive
director of the Department of Human Resource management to
create a plan to eliminate gender-based wage discrimination.
This is a prelude to additional unwarranted intrusion into what
should be a free market place. As with other law-breaking if there
is probable cause to believe that someone is breaking a law, then
that individual may be investigated; but the possible existence of
some discrimination somewhere is not a good reason to burden
all employers. GrassRoots approves of a NO vote. Passed the
Senate (22-7-0) but did not come up for a vote in the
House.

Z) S.B. 264 (R. Okerland, B. Wilson) Raises taxes on short-
term lodging by $4.2 million in 2018 and $4.9 million each year
thereafter. Also, establishes the Utah Outdoor Recreation Grant
Advisory Committee, another hodge-podge of appointees
representing various bureaucratic and private interests and
another potential breeding ground for crony capitalism.
GrassRoots approves of a NO vote. Passed the House (44-29-
2), Senate (20-4-5) and was signed into law by the
Governor.

AA) S.B. 276 (K. Van Tassell, M. Schultz) Raises gas taxes by
an estimated $4.2 million in additional gas tax in 2019 and $14.6
million 2020. Overall the bill is estimated to increase gas tax
revenue in the state by $1.7 billion over the life of the bill (thru
Fiscal Year 2033). GrassRoots approves of a NO vote. Passed
the House (58-15-2), Senate (26-2-1) and was signed into law
by the Governor.

Protection from Tyranny

By Don Guymon

After the recent general election, thousands took
to the streets to protest because of their concerns
about the new president.

While people are free to voice their concerns
and have a duty to do so if they believe their
God-given rights are in jeopardy, the reality is
that our rights have been in jeopardy for years.

If our government is functioning in its proper
role no one should fear the president because
our government as outlined in the Constitution
was designed so that no one individual would
have extreme power.

But as we have seen the government grow in
power over the years; we have created an
environment in which we should be concerned
about one individual having too much power.

Look no further than west of I-15 at the NSA
data center. Personal information on us is being
held in the center. What information does the
government have on you?

President Obama recently set aside 1.3 million
acres of land in south eastern Utah. Individuals
will not be able to use that land to help feed
their families and for the local communities to
grow their economies. All of this was done with
one swipe of a pen.

Congress has passed laws in which if someone
is labeled an enemy combatant they can be
denied due process and jailed indefinitely.
We have created a government in which an
individual can have their property taken away if
they or their property are simply accused of a
crime. Years ago, Utah’s citizens passed an
initiative to end this practice in the state; only to
have the legislature overturn their vote a few
years later. Efforts to restore parts of this
citizens’ initiative passed the House in recent
years only to die in the Utah Senate without a
vote.

While individuals worry about government
providing their health care or other government
handouts; government must have some way to
collect this money from other individuals. The
only way they can do this is through force.

Taxes aren’t voluntary, if they were voluntary
you wouldn’t face going to jail if you didn’t pay
your taxes.

If one is concerned about one individual or other
entities in the government having too much
power the best solution is the solution found in
our US Constitution.

Let us remember the words of Thomas
Jefferson, “"The two enemies of the people are
criminals and government, so let us tie the
second down with the chains of the Constitution
so the second will not become the legalized
version of the first."

Our founders knew what it was to live in a
world of fear, therefore they put checks and
balances in the Constitution and established a
Bill of Rights.

If government operates in its proper role there is
no need to fear whoever may lead at whatever
level of government.